NCAC Fee Schedule

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Case Registration Fee

  1. When submitting a Notice of Arbitration or any counterclaim, the Claimant or Counter-Claimant shall respectively pay a case registration fee of USD500 (five hundred) for registering its claim(s) or counterclaim(s).
  2. If the Claimant or Counter-Claimant fails to pay the registration fee, NCAC will not proceed with the arbitration for the claim(s) or the counterclaim(s).
  3. The case registration fee is non-refundable.

Arbitrator Appointment Fee

  1. When either or both parties fail to appoint arbitrator(s) or when the party-appointed arbitrators fail to appoint a presiding arbitrator pursuant to the NCAC Arbitration Rules, NCAC, through its Appointment and Proceedings Committee, is requested or required to appoint arbitrator(s) for the concerned roles in the Tribunal for the specific case, an arbitrator appointment fee of USD500 (five hundred) per arbitrator to be appointed shall be paid by the concerned party(ies).
  2. The arbitrator appointment fee is applicable either in cases administered by NCAC or ad-hoc cases where Appointment and Proceedings Committee is required to make an arbitrator appointment under the NCAC Arbitration Rules, or when a request for arbitrator(s) appointment is submitted to the General Secretariat.
  3. This arbitrator appointment fee shall not apply to the appointment of any substitute arbitrator where the arbitrator(s) is being replaced in accordance with Article 30 (Replacement of Arbitrator) was appointed by the Appointment and Proceedings Committee.
  4. For ad-hoc case, the arbitrator appointment fee shall be paid to the designated bank account of NCAC prior to commencement of appointment service.
  5. The arbitrator appointment fee is non-refundable.

Administration Fee

  1. The administration fee is based on a sliding fee scale, is dependent on the sum in dispute, and shall be charged in accordance with the table below.
  2. The sum in dispute is the aggregate value of all claims and counterclaims. A set-off defence shall be included in the calculation of the sum in dispute and administration fee only insofar as the set-off defence requires significant additional work for NCAC.
  3. The administration fee for each particular case is subject to adjustment by the General Secretariat, taking into account any exceptional circumstances that may, in the opinion of the General Secretariat, justify reducing or increasing the administration fee prescribed in the NCAC Fee Schedule. Exceptional circumstances may include but are not limited to substantially less work being done by NCAC because of early termination of the arbitration proceedings or substantially more services being provided by NCAC. However, in no event shall an increase by more than 30% (thirty percent) of the administration fee prescribed in the NCAC Fee Schedule.
Administration Fee Table – in USD
SUM IN DISPUTE
ADMINISTRATION FEE
Up to 50,000 750
From 50,001 to 100,000 = 1500 + 0.80% of excess over 50,000
From 100,001 to 500,000 = 1,900 + 0.70% of excess over 100,000
From 500,001 to 1,000,000 = 4,700 + 0.50% of excess over 500,000
From 1,000,001 to 3,000,000 = 7,200 + 0.20% of excess over 1,000,000
From 3,000,001 to 5,000.000 = 11,200 + 0.12% of excess over 3,000,000
From 5,000,001 to 10,000,000 = 13,600 + 0.08% of excess over 5,000,000
From 10,000,001 to 50,000,000 = 17,600 + 0.04% of excess over 10,000,000
Over 50,000,000 = 33,600

Tribunal’s Fee

  1. The Tribunal’s fee is based on a sliding fee scale, is dependent on the sum in dispute and shall be charged in accordance with the table below.
  2. The sum in dispute is the aggregate value of all claims and counterclaims. A set-off defence shall be included in the calculation of the sum in dispute and the Tribunal’s fee only insofar as the set-off defence requires significant additional work for the Tribunal.
  3. The Tribunal’s fee for each particular case is subject to adjustment by the General Secretariat taking into account any exceptional circumstances that may, in the opinion of the General Secretariat, justify reducing or increasing the Tribunal’s fee prescribed in the NCAC Fee Schedule. Exceptional circumstances may include but are not limited to substantially less work being done by the Tribunal because of early termination of the arbitration proceedings or substantially more work being done by the Tribunal in relation to contentious requests for interim measures, challenges of an arbitrator, or jurisdictional pleas. However, in no event shall an increase be more than 30% (thirty percent) of the Tribunal’s fee prescribed in the NCAC Fee Schedule.
Tribunal’s Fee Table – in USD
SUM IN DISPUTE
TRIBUNAL’S FEE (PER ARBITRATOR)
Up to 50,000 = 1,000
From 50,001 to 100,000 = 2,750 + 2% of excess over 50,000
From 100,001 to 500,000 = 3,750 + 1.7% of excess over 100,000
From 500,001 to 1,000,000 = 10,550 + 1.5% of excess over 500,000
From 1,000,001 to 3,000,000 = 18,050 + 0.75% of excess over 1,000,000
From 3,000,001 to 5,000,000 = 33,050 + 0.50% of excess over 3,000,000
From 5,000,001 to 10,000,000 = 43,050 + 0.30% of excess over 5,000,000
From 10,000,001 to 50,000,000 = 58,050 + 0.15% of excess over 10,000,000
Over 50,000,000 = 118,050 0.075% of excess over 50,000,000

Date of Effect

  1. This NCAC Fee Schedule is adopted by the General Assembly of the NCAC on 28 March 2021.
  2. This NCAC Fee Schedule shall become effective from 28 June 2021 onwards.

 

Notes: the above fees are exclusive of expenses incurred by NCAC, the Tribunal and the Emergency Arbitrator as well as value added tax (VAT) for NCAC Administrative services and withholding tax (WHT) for services of arbitrator(s). Prior to the constitution of the Tribunal, the parties may agree on a different Tribunal’s fee as long as the differing fee is acceptable to the Tribunal.

Arbitration

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